Austin Industries Legal Terms of Use

Last Update Tuesday, July 05th, 2016

These Legal Terms of Use “Terms” are entered into by and between You and Austin Industries (“Austin” or “We”). In consideration of your use and access to http://www.austin-ind.com (the “Site”), and the promises and obligations herein, and intending to be legally bound, You and Austin Industries, hereby agree as follows:

Your access to and use of the Site is subject to these Terms, which incorporates the separately posted Austin Industries Privacy Policy, as well as any modifications to them and all applicable laws and regulations. If you do not want to be bound by these Terms, then do not use the Site.

Changes In Terms

Austin Industries shall have the right at any time and without prior notice, at its sole discretion,
to modify these Terms or to impose new terms with respect to access to or use of the Site. Such modifications and additions
shall be effective immediately upon notice thereof, which may be given by any means, including posting the modified or additional
terms on the Site. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your
rights or obligations hereunder. You agree that you shall be deemed apprised of and bound by any modification by Austin Industries of
these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED
TO BE YOUR AGREEMENT TO SUCH MODIFICATIONS OR ADDITIONS. No modification to these Terms by any party other than Austin Industries shall be
valid or enforceable against Austin Industries unless expressly agreed to by Austin Industries in writing signed by a duly authorized officer of Austin Industries.

Termination

These Terms are effective until terminated by Austin Industries. Austin Industries may terminate these Terms without notice and at any time in connection with the Site. In the event of termination, You are no longer authorized to access the Site. The disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination.

Austin Industries shall also have the right without notice and at any time to terminate access to or use of some or all of the Site, or any features of the Site, or to terminate any individual’s access to or use of the Site or any features of the Site.

Compliance With Laws

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding Your use of the Site.

Content

All material on the Site including without limitation all text, images, photographs, graphics, logos, illustrations, descriptions, data, audio, video, messages, files, documents, derivative works, and other materials, whether publicly posted or privately transmitted, provided by Austin Industries, as well as the selection, assembly, and arrangement thereof are referred to collectively as the “Content”.

The Content may contain errors, omissions, or typographical errors or may be out of date. Austin Industries may update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Austin Industries in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Austin Industries or by third parties that have licensed their use to Austin Industries. Austin Industries disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own. Trademarks, service marks, logos, and slogans displayed on the Site are the intellectual property of either Austin Industries or other third parties. You agree not to display or use such marks without Austin Industries prior written permission.

You may view and use the Content only for Your personal information and for no other purpose, and You shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Austin Industries does not grant to You or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on the Site, including without limitation by transferring, downloading, or otherwise copying. The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

Linked Third Party Sites

Links to other Internet sites operated by third parties do not constitute sponsorship, endorsement, or approval by Austin Industries of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Austin Industries, and Austin Industries is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and You access them at Your own risk.

Disclaimer And Limitation Of Liability As To The Site And Content

AUSTIN INDUSTRIES OFFERS NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, OR MATERIALS. AUSTIN INDUSTRIES ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to You. Check Your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL AUSTIN INDUSTRIES, ITS SERVICE PROVIDERS, OR CONTRACTORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTIAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF AUSTIN INDUSTRIES IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify, and hold harmless Austin Industries, its service providers and contractors, and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorney’s fees and court costs), arising out of or relating to Your breach of these Terms or Your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Site.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law provisions. Additionally, any claims brought against Austin Industries, shall be governed by and construed in accordance with the laws of the State of Texas,. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement or use of the Site shall be in the state and federal courts located in the Dallas County, Texas.

Miscellaneous

These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to the subject matter hereof. No waiver by Austin Industries, of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
If you have any questions or comments about our terms, you can contact us at 214-443-5500 or info@austin-ind.com.